NFL's blackout rule averts playoff challenge

The NFL is averting a winter blackout crisis, as companies in Green Bay, Indianapolis and Cincinnati have swept in to purchase thousands of playoff tickets to make sure local fans see this weekend’s games on TV.

But the 11th hour mass ticket purchase – after regular fans failed to snatch up all the tickets – brought new scrutiny to the NFL’s nearly four-decade-old TV blackout rule, which critics say is dated and unfair to modern fans. Lawmakers have long been pressing for a change, and even the FCC recently proposed getting rid of the federal regulation that undergirds the blackout policy.

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The games were in jeopardy of being yanked from local TV markets because of the rule, which requires a percentage of tickets sold in the stadium. Indianapolis plays in a dome but still faced the threat this week as bone-chilling temperatures grip the nation. The forecast for Sunday’s game at Green Bay’s Lambeau Field calls for temperatures around zero degrees at kickoff with a wind chill of minus 30 degrees. The Packers are playing San Francisco.

Opponents of the blackouts contend that the threat, especially at playoff time, is another indication that the FCC regulation needs to end. The NFL, which did not return a request for comment Friday, has said that blackouts are a diminishing problem, with only two regular season games failing to sell enough tickets.

Sen. Richard Blumenthal (D-Conn.), who has led the charge with Sen. John McCain (R-Ariz.) in Congress to end sports blackouts, said Friday that the threat of a playoff blackout was an insult to fans.

“Fans should not have to depend on a corporate white knight to buy out the stadium and enable their access,” he said.

Blumenthal added, “The mere threat of a blackout is both injury and insult to fans who not only buy tickets and support their teams but also give the NFL antitrust exemptions that are vital to many of their practices and provide huge economic benefits. The NFL and other sports leagues get antitrust businesses that are extraordinary and almost unique, enabling them to make a lot more money. They should not be rewarded with antitrust exemptions and taxpayer subsidies when they threaten to blackout games.”

David Goodfriend, chairman of the Sports Fan Coalition formed to end the blackouts, said this week illustrates the callous way the NFL treats its fans.

“The last few days leading up to this weekend’s NFL playoffs revealed the arbitrary and spiteful nature of the NFL’s local blackout policy and why it’s time to end the government’s support of anti-fan blackouts,” he wrote in an email. “First, the league jacks up playoff ticket prices, making it difficult for everyday Americans to attend the games. Then, they threaten the hardworking communities of Cincinnati, Green Bay and Indianapolis with a local blackout if the league’s ransom of a sellout crowd isn’t met.”

Indianapolis avoided a blackout when Meijer, a retailer that is a corporate sponsor of the Colts, bought the remaining tickets, according to the Colts. Indianapolis is playing Kansas City.

Green Bay also avoided a blackout thanks to corporate help. Associated Bank purchased the remaining available tickets Friday to ensure a sellout, with FOX TV affiliates WITI, WLUK and WFXS; Mills Fleet Farm; and Bellin Health jumping in as well, according to the Packers website.

And Cincinnati-based Kroger bought “hundreds” of tickets, according to Cincinnati.com. Procter and Gamble — another Cincinnati company — bought the remaining tickets, guaranteeing the game will air locally. The Bengals are playing San Diego.

While the NFL’s policy requires a game to be sold out 72 hours before airtime, the league granted extensions this week. If a game had been blacked out, it would have marked the first time in a dozen years for a playoff game because of a lack of ticket sales.

If the FCC does away with the rule, as the commission is proposing, its effect could be limited at first because of contracts the sports leagues have with broadcasters. And opponents to the change contend that removing the blackout restriction could push the NFL onto pay-TV platforms like other professional sports.

Even though the blackout rule applies to all televised sporting events, the NFL relies on the rule more than the other leagues. It has some of the most restrictive blackout policies and is fighting the hardest to keep the rule. The NFL contends the rule is still needed because it helps fill stadiums and enhances the game for both TV viewers and fans on-site.

“We will strongly oppose any change in the rule,” NFL spokesman Brian McCarthy said last month when the FCC proposed repealing the rule. “We are on pace for a historic low number of blackouts since the policy was implemented 40 years ago. While affecting very few games the past decade, the blackout rule is very important in supporting NFL stadiums and the ability of NFL clubs to sell tickets and keeping our games attractive as television programming with large crowds.”